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Patna High Court

Roshan SawversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted where the petitioner has a clean antecedent and no direct participation in the alleged offence, subject to verification of his criminal record.

Summary

The petitioner, Roshan Saw, was implicated in a case under Section 30(a) of the Bihar Excise Act after 1,170 litres of liquor were recovered from a truck he owned, though the liquor was not found in his possession and the driver fled the scene. He asserted that he had a clean antecedent and was unaware of any misuse of his vehicle by his driver and khalasi. The State opposed his prayer for anticipatory bail. The Court examined whether ownership of the vehicle alone could constitute sufficient grounds for arrest and considered the petitioner’s lack of direct involvement and clean criminal record. Relying on Section 482(2) of the BNSS, the Court ordered provisional anticipatory bail, subject to a modest bail bond, two sureties, and verification of his antecedent within six weeks. The order further stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case of alleged excise law violation.
  • Whether ownership of the vehicle used in the alleged offence suffices to justify arrest without personal possession of the contraband.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • clean antecedent
  • Section 30(a)
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.854 of 2026
                    Arising Out of PS. Case No.-427 Year-2020 Thana- JAGDISHPUR District- Bhagalpur
                 ======================================================
                 Roshan Saw S/O Late Makar Mahato R/O Vill.- Kali Mandir Kulhi,
                 Kalyanpur, Udaypur, P.S.- Barwadda, Dist.- Dhanbad, Jharkhand.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sauravh Singh
                 For the Opposite Party/s :       Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1170 litres of liquor from a truck.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.854 of 2026(2) dt.19-01-2026
                                            2/3




          create evidence against himself and hence would get implicated

          and at the same time shall bring disrepute to his business, it is

          further submitted that petitioner was completely unaware that

          his driver and khalasi would misuse the vehicle in the manner as

          alleged, who fled from the spot.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with

          Jagdishpur P.S. Case No. 427 of 2020, subject to the conditions

          as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.854 of 2026(2) dt.19-01-2026
                                                          3/3




                        confirmed, but after verification if it is found that petitioner is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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